Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to examine whether High Court while setting aside the order of acquittal and remanding the case for retrial had acted within its jurisdiction and rightly appraised the evidence in accordance with the principles laid down for safe administration of justice.  ORDER SAJJAD ALI SHAH, J.This petition for leave to appeal is barred by 127 days. It is stated that after hearing in the High Court judgment was reserved which was announced ‘subsequently without notice and without publication of supplementary cause list. In the circumstances, petitioners and their counsel remained unaware of the judgment. Petitioners were served on 27 11 1993 with notices issued by the learned Sessions Judge, Muzaffargarh and thus came to know that High Court had allowed Criminal Revision Application against their acquittal and remanded the case for retrial. Application for condonation of delay is supported by two affidavits, one by the counsel, who appeared in the High Court, and the other by petitioner Ghulam Shabbir. Since it cannot be ascertained as to what the other side has to say about this delay, we leave the question of limitation open to be decided at later stage. 2. Both petitioners are brothers inter se and it is stated that at the time of incident, they were below 16 years of age. According to prosecution, both petitioners were armed with daggers and inflicted repeated injuries on Mehmood inside Mandi Mawashian at 12 noon. Mehmood died at the spot and incident was seen by four eye witnesses. Motive stated in F.I.R. is that petitioner Ghulam Shabbir suspected that his wife Mst. Sakina was having an illicit affair with deceased. Petitioners were arrested on…

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